# e D ocket OST 95

- 236 U

. S

. Department of Transportation Office of th e SecretalY of Transportatio n 

### AGREEMENT
The undersigned carriers ( hereinafter referred to as "the Cani el'8" ) hereby agree as follows: 1

. Each of the CarrIers shall, effe ctive May 16, 1966, include the following in Its condition s of carriage , inc l uding tariffs e m bodying co nditions 

### of carriage flied by It w i t h any govemme n t :

"The carrier s hal l avail I tself of the limitation of liability p rovided In the Con ven ti o n for the Un i fication of CertaIn Rules Relat i ng to Intemat i onal Carriage by Air signed at Warsaw October 1 2th, 1929, or p rovide d in the said Con vention as amended by t he Protoeoi s i gne d at Th e Hague Septembe r 28th, 19 5 5

. However , in accordance with Artlcle 22(1) of said Conven ti o n, or said Convention as amended by said P rotocol, the Carrie r agrees thIIt, as to aU i nternat i ona l transportation by the Carrier as defined In the s aid Convention or said Convention as amended by said P rotOCOl , which. accord i ng to the co n tract of Carriag e , includes a point In th e United States of America as a point of orig in, point of destinatio n , or agreed stopp i ng place (1) The limit of liability for each p assenger for death, v.Q u ndlng , or other bodily i njury shall be the sum of US $75,000 inclusive of legal fees and costs, except that, In case of a cla i m b rough t In a State v.nere prov i sion is made for separate award of legal fees ~nd costs, the limit shall be the sum of US $58 , 000 elCClusive of legal fe es and costs. (2) The Carri e r shall not, with respect to any claim a ris in g out of t h e death, wo u nding , or other bodily injury of a p assenger , avs l li tse l f of any d efense under A rtic le 20( 1) of s aid Conven t i on or said C on vent i on as a m ended by said Protocol. Nothing he re i n shall be deemed to affect the rights and liabilities of the Carrier with regard to any claim brought by, on behalf of , 

### or in respect of any pe rso n v .no has willfully caused damage which resulted in death. wo un din g, or other bodily injury of a passenger
. " 

### 2. Each Carrier shall, at the t ime of d el lv8lY of the ticket, fumish to each p ass enge r v
. nose t ra n spo rtat ion is gove rn e d by the Convention , or the Convent i on as ame n d e d by the Hague P rotocol , and by the s pecia l con1raCtd escribe d i n paragra ph 1, the fo ll ow ing notice. v. n lch sha l l b e pri nted In type et laast as large as 10 point modem type and in Ink contrasting w i th the stoc k 0 0 (i) each t icket; ( i I) a piece of paper eith e r placed In the ticket e nvelo pe with the ticket or attac h ed to the ticket; or (ill) on the ticket e nve l op e : "ADVICE TO I NT E RNATIONAL PASS ENGER ON LIMITATION OF L1ASI L I TY P assengers o n a Jou rney I nvol ving an ultimate d est in ati o n 

### or a stop In a country other than the country of origin are advised that th e prov i sions of a treaty knOY.1'l as the Wa raaw Co nve n tion may be applicab l e to the entire J oumey, Ind udin g any portion e ntirely wi thin the country of ori gin or dest inat ion

. For such passengers on a joumey to, from, or w i th a n agreed sto p p i ng place In the United States of America , t he C o nve nt ion and special contracts of carriage em b od i ed in applicabl e tar i ffs prov i de th at the liability of (certain 

## r {( name of carrier) and certain other) catriel'8 parties to such sp e ci a l contracts for death of or pe rsona l injury to p asseng e rs is limited i n m ost cases to proven damage s not to exceed US $75. 000 per passenge r, and that th i s l i ab i l ity up to su c h l i m i t s h an not depend on negligence on t h e p art of t h e carrier. For such passe n gers traveli n g by a carrier not a party to such special contracts or on a J ourney not to, from, or having an agreed stop p ing place In the United States of America. liabil i ty of the carrier for death or pers ona ll nju l Y to passengers is limited in most casas to app roxi matel y US $10,000 or US $20 , 000

. 

### The names 

### of Carriers parties to such 

### special contracts are available at all ticket offices of such carriers and may be exam i ned on request

. Addit i onal protection can usually be obtained by pu rchasing I ns ura n ce from a private co m pa n y
. Such i n su ra nca Is not affe cte d by any limitati o n of the camer's Uability under the Warsaw C o n ven t ion or such special cont racts of ca rriag e
. For further i nformati o n please consult your a irline or In s u ranca com pany re p res e n tat i ve
. " 3. [Th is Ag reement was filed with the Civil Aeronau t i cs Board of the United States. The Board app roved it by Order E-2 3 680, adopted May 13 , 1966

. The Agreement (Agree m en t 1 8900) b &came effective May 16,1966. On January 1 , 1985 , this Ag reem ent be came the responsib i lity of the Department of T ra ns p ortat i o n (DOT) by operat i o n of law

. ] 4. This Agreement may be sign6d In any number of coun terp arts, all of v.nich shall con st it ute one Agre e me nt

. Any Carrier may become 8 parlyto t h is Agreement by s i gning a co u nterpart h e reof and de p ositin g it with DOT. 5. Any Carrier party he reto may 'Nithdrew from this Agreem ent by giving 

## 41

. I ~~Wcll to DOT and the other Carriers parties to t he Agreemen t

. 

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# VI,!
(S i g nature and Data} V II "Ei ther a I lemotivemay be u s ed. (PrInted Name and TIlle) David C S chembri CEO 

## • (Name andAdOress of carrier) 

### USA Jet Airlines , Inc. CST Form 4523 (Formet1y CAB Fo rm ZU ) 

### d/b/a USA Jet 2068 E Street B elleville , MI 48111